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Tuesday, December 15, 2009

Colorado drivers license ponint system 1 pt is too many

"It is the first point that costs you your license, not the last"

How many times have I had a client in traffic court who was losing his license because he accumulated too many points against his license? In Colorado we use a point system and when you get to many, then you don't get to drive! My client usually says something like this:

"If only I didn't get that last ticket."

My response?

"You are not losing your license because of your last ticket. You are losing it because of the first one.."?

"Huh?" is usually the response.?

It isn't that you are getting tickets I explain. They will shoot me for saying it, but in Denver Colorado, really in many places in Colorado, traffic tickets are big business. If you put on 30,000 miles a year, sooner or later you are likely to end up with red lights behind your people mover.?

If that is the case, why is the first ticket the problem, not the last? One does not run out of points until the last ticket!?

That is when we turn to my client's history. I have never been wrong on this one. Within the driving history of every driver facing suspension for minor traffic violations is that one or two times my client went to court without an attorney. In the alternative, the ticket gave him the option to just pay it and take the points. It is that one or two points that is costing him the license. But for that, he would not be out of points!?

Can an attorney get you a better deal with the D.A. than you can on your own? The answer to that question depends. If you think your attorney is going to walk into court and get a favor from the judge or D.A. you are mistaken. But an attorney can have special pull. How??

When your attorney listens to your case, examines the law, he may be able to find a defense you over looked. For example, I had a client who got a ticket for speeding through a school zone. The client could afford the points and it would have been convenient to take a fast plea. However, my client insisted he could not see the sign. This was a matter of principal.?

I went out to the scene. Sure enough, there was a nasty tree branch which covered the school zone sign. My client knew he could not see the sign but he did not think about the tree defense. ?

Who would believe a sign was built behind a tree? It wasn't, but when the tree was in full bloom the sign was difficult to see. A simple set of photos taken from the angle of the driver solved the problem. The case was dismissed.?

You may want to think twice about keeping the few hundred bucks in your pocket instead of hiring an attorney if you get a traffic ticket. It will keep your insurance rates down. ?

However, there is another important reason to do so. Driver's who lose their license often drive anyway. They can't get insurance. It is in everyone's best interest to have insured drivers on the road. Defending my clients has benefits to everyone!?

Tim Paynter is an attorney practicing in Denver Colorado. He is a staunch supporter of civil rights, immigration reform, and advocating for the poor and oppressed. You can contact Tim Paynter at 720 951 1700.

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